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Tribe's new book takes on William Rehnquist, senators seeking a precise litmus test for judicial appointments, champions of judicial restraint, and, sub silentio, Edwin Meese. His study of the political history of High Court appointees demolishes several claims.g., that one justice cannot make a difference in judicial proceedings and myths that of ``strict constructionism,'' with Tribe insisting that literal adherence to the constitutional text abdicates judicial responsibility. So, too, he finds, does the inevitably inconclusive inquiry into the Framers' intent. Then there is the myth of the ``spineless Senate,'' which, he shows, is anything but the case. Tribe's respect for the Court's power is boundless; not that he is uncritical, but he does appreciate its extraordinary influence, and, given it, argues that Senate and nation must subject each nominee to the closest scrutiny. This tightly argued appeal can be readily followed by nonlawyers. It should be heeded. Milton Cantor, History Dept., Univ. of Massachusetts, Amherst - Library Journal.
Before Memory Fades by Fali S. Nariman is a revelatory, comprehensive and perceptive autobiography – candid, compelling and authoritative.Internationally admired and respected, Fali S. Nariman is a senior advocate of the Supreme Court of India. He began his career at the Bombay High Court in November 1950, and has since been active in the legal profession. Over the years, he has held several prestigious posts at both the national and international levels. He became a Member of Parliament (Rajya Sabha) in November 1999. He is the recipient of the Padma Bhushan (1991) and the Padma Vibhushan (2007). Starting with his formative years, when he had the good fortune to interact with many eminent judges and advocates, Fali S. Nariman moves on to deal with a wide variety of important subjects, such as, the sanctity of the Indian Constitution and attempts to tamper with it. crucial cases that have made a decisive impact on the nation, especially on the interpretation of the law, the relationship between the political class and the judiciary, the cancer of corruption and how to combat this menace, the author outlines measures to restore the now-low credibility of the legal profession, he also delineates his role in several high-profile cases. In recognition of his track record, the Government of India nominated him to the Rajya Sabha. He describes the highlights of his tenure there. Both members of the legal profession and the lay reader will find the contents informative and useful.
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
A definitive, analytical and meticulous account of the present state of the nation – from a constitutional perspective – by one of India’s most respected legal luminaries An ardent defender of the Constitution of India, Fali Nariman has today attained the status of an outstanding lawyer who strongly believes in the rule of the law and stands by his convictions. In this timely volume, the author highlights crucial issues that the legislature, the executive, judiciary, the bar and the common people have to deal with virtually on a day-to-day basis. His main focus is on corruption at various levels and in ‘hallowed’ institutions, including the judiciary. The author contends that the legislative and executive wings of the government – the elected representatives of the people – were (and are) expected to provide for the welfare of the people. He points out that they have failed miserably simply because making of laws is not enough; applying and enforcing laws – which are also the primary duties of the government – have left much to be desired. Consequently, it is the judiciary that tells the government when and how to distribute excess food, what crops to grow and what not to grow, which economic projects are good for the country and which are not, and what fuel should be used in our vehicles and whether 2G/3G licences should be allotted only through auctions! The judiciary is hence accused of overreach! The contents also throw light on other important subjects such as: the implications of reservations for certain sections of the population (including minorities); the true purpose and significance of the Constitution; Centre–State relations; and whether the Constitution has benefited the common people over the years. This is a book that is absorbing as well as thought-provoking that will make the readers put on their thinking caps.
God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
A timely volume that highlights the forthright and candid views and opinions on a wide variety of pertinent issues by one of India’s most respected legal luminaries. FALI S. NARIMAN, with a remarkable track record in the legal field, is not one to mince his words. He holds forth cogently on topics such as the Supreme Court and the judiciary, politicians and Parliament, the media and its right to expression, the Constitution (of which he is an ardent defender), and the minorities and more. Whatever be the subject, he drives home his points on the basis of sound and logical contentions and arguments. Also, he questions the recent functioning of the Supreme Court of India, the government’s policies vis-à-vis the press, the judiciary and particularly the minorities, who, he declares, today need to be protected, as per the Constitution, more than ever before. He peppers the text with countless facts, innumerable anecdotes and enthralling incidents that make for fascinating and enriching reading. His analysis of judicial activism and the fear of a majoritarian government provide much food for thought.The contents are rounded off with nostalgic cameos on the author’s experience regarding defamation (which he says is a luxury) and a wholesome tribute to the ‘Super Judge’ Justice V. R. Krishna Iyer, whose presence he greatly misses. Here is a work that neither the students of law and contemporary politics nor the legal practitioners and the lay person can afford to miss.
NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”
** WALL STREET JOURNAL BESTSELLER **USA TODAY BESTSELLER ** PUBLISHER'S WEEKLY BESTSELLER ** NEW YORK TIMES BESTSELLER ** With a simple majority on the Supreme Court, the left would have the power to curtail or even abolish the freedoms that have made America a beacon to the world. We are one vote away from losing our most precious constitutional rights. As a Supreme Court clerk, solicitor general of Texas, and private litigator, Ted Cruz played a key role in some of the most important legal cases of the past two decades. In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by the narrowest of margins. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens. God may endow us with "certain unalienable rights," but whether we enjoy them depends on nine judges—the "high priests" who have the last say in our system of government. Drawing back the curtain of their temple, Senator Cruz reveals the struggles, arguments, and strife that have shaped the fate of those rights. No one who reads One Vote Away can ever again take a single seat on the Supreme Court for granted.
An incisive and comprehensive view of India’s legal process and its key issues India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India’s Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores the possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates on the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation. This frank and thought-provoking book offers valuable insights into India’s judicial system and maps a possible road ahead to make justice available to all.